Clinton robbery suspect vomits in courtroom, is held without bail

CLINTON 
Vomiting occasionally from withdrawal symptoms and sporting a black eye, a local self-employed barber was ordered held without bail today on charges that he doused two store clerks with lighter fluid in an attempt to rob a Cumberland Farms Store on Tuesday night.

Brian J. Dziczek, 32, of 18 Oak St. was arraigned in Clinton District Court Thursday on 16 charges, including attempting to burn a building, two counts of armed assault to rob, armed and masked robbery, two counts of assault with a dangerous weapon (a knife), resisting arrest, aggravated assault and battery, aggravated assault, carrying a dangerous weapon (a knife), carrying a dangerous weapon (lighter fluid), two counts of assault to murder, disorderly conduct, disturbing the peace and attempting to commit a crime (kidnapping).

After the arraignment, Mr. Dziczek was evaluated by court psychologist John Bail and found competent to stand trail. In a separate evaluation he was found in need of detoxification services.

Mr. Bail said there was evidence he regularly used opiates and may have been intoxicated at the time of the robbery.

When Mr. Dziczek vomited in the courtroom, his lawyer, John Roemer, explained that his client was going through withdrawal after two days without drugs and alcohol. To deal with those problems, Judge Robert Gardner ordered him held without bail at the Massachusetts Alcohol and Substance Abuse Center in Bridgewater until Tuesday, when a dangerousness hearing will be held to determine if he should be held without bail until his trial.

Assistant District Attorney Tiffany A. Maykel said the dangerousness hearing is being requested because Mr. Dziczek entered the Cumberland Farms Store at 1 Chestnut St. while masked — and during the attempted robbery pulled out a knife. She said he does not have an extensive record but does have a record for motor vehicle homicide.

Mr. Dziczek was arrested Tuesday night after police received a call from the clerk at the store, which is about a half mile from the police station. The clerk told police Mr. Dziczek walked into the store just before 10:30 p.m. wearing a hat with a hood pulled over it and a scarf wrapped around his face. He allegedly pulled out an 8-ounce container of Ronson lighter fluid and sprayed the two clerks working the counter.

A police report filed with court records indicated that before Mr. Dziczek could demand money or take any other action, one of the clerks rushed him and tackled him. The other then jumped on Mr. Dziczek in an attempt to subdue him.

The clerk who called police said that as they struggled with him, Mr. Dziczek pulled out a folding buckknife. The clerk said he then fought the knife out of Mr. Dziczek's hands while punching him. Because of being punched in the face, Mr. Dziczek had a black eye.

When police arrived, Mr. Dziczek alllegedly fought with them before they were able to place him in custody. After he was arrested, police said, they found a Bic lighter in his pocket and plastic ties.

After his arrest, Mr. Dziczek told police he was looking to get money from the store to protect his twin brother, who owed someone money and could come to harm if he did not pay the money back.

At the dangerousness hearing, the district attorney's office will attempt to show Mr. Dziczek is too dangerous to have any possibility of release until after his trial.

Mr. Roemer said that in attempting to show Mr. Dziczek is not a serious threat, he may talk about how lighter fluid burns to show it would not pose a threat of serious harm. He said kerosene or gasoline could cause serious burns but lighter fluid evaporates away from the skin. He said he may bring in a scholarly paper on the topic.